Greenville Attorney Assists with Family Court Order Modifications 

Reliable counsel helps Upstate clients adapt to life's changes

In South Carolina, family court orders related to child custody, child support, alimony and visitation are subject to modification if warranted by changes in relevant circumstances. At McManaway Law, LLC in Greenville, I regularly assist South Carolina family law clients seeking or opposing modifications to previously established parenting and financial terms. Since 2007, I have delivered persuasive arguments for and against modifications so that clients are treated fairly based on the facts that exist at the time. 

Common types of family court orders that can be modified

Although family court orders in South Carolina have the force of law behind them, they are not necessarily set in stone if subsequent events make them outdated or unfair. Parties often seek modifications of orders related to:

• Child custody and visitation — As children grow, their needs change. Parents' living situations or work schedules also change. A mother or father might wish to relocate, change visitation arrangements to adapt to an older child’s social schedule or address concerns over a child’s well-being. Additionally, a parent who has been denied custody or visitation due to a personal issue, might be able to demonstrate sufficient improvement to justify more time with their child. 
• Child support — A South Carolina court can adjust a child support order if the income of either parent, or the needs of the child, change significantly.
• Alimony — A court can modify spousal support when material changes occur in the financial circumstances of either party. Often, a recipient remarries or begins cohabiting with a new partner, making modification appropriate.

The property division order in a divorce is not subject to modification, unless there is evidence of fraud having influenced the original ruling. 

Modifications made in family court can be temporary or permanent depending on circumstances. It is also possible to obtain an emergency modification during a period of exigent circumstances. This might be to deny custody to a parent with a substance abuse relapse or one who might be planning to remove the children to a foreign country. 

The process for modifying a family law order

In South Carolina, the process generally follows a few basic steps:

• File a Petition for Modification — A person seeking a modification must file a Petition for Modification in the family court that issued the original order. 
• Serve the other party — The petitioning party must serve the opposing party (usually an ex-spouse or co-parent) with a copy of the petition and a court summons.
• Attend a hearing — In most cases, the court schedules a hearing where both parties present evidence, which can include testimony, financial records, medical records or any other relevant documentation that supports their argument. 
• Court’s decision — After considering the evidence, the family court judge decides the case based on the best interests of the children (if applicable) or the fairness of the modification request. If circumstances justify the modification, the court will issue a revised order.

As a family lawyer, I have represented numerous clients in motion hearings. As your advocate, I call the court’s attention to all pertinent facts that weigh in your favor.

Requirements of a change of circumstances 

To modify a family court order in South Carolina, the party seeking the modification must show that there has been a substantial change in circumstances. This change must be material, and it must be something that was not anticipated when the original order was made. Finally, the change must have some likelihood of being permanent.

Contact a South Carolina lawyer regarding a family court order modifications 

McManaway Law, LLC in Greenville represents parties in family court modification proceedings throughout Upstate South Carolina. To schedule a consultation, call 864-428-8912 or contact my office online.